ASHOK SHARMA Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) THE Petitioner filed a petition bearing No. 10/2008 titled as 'Ashok Sharma v. Vijay Kumar Gupta' on 18th November, 2008 under Section 14(1)(a) read with Section 26 of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') for eviction of the Respondent on the ground of non -payment of rent in respect of a shop in premises bearing No. 27/2, Shakti Nagar, Delhi -110007. In the eviction petition, it was stated that the Petitioner let out the tenanted premises to the Respondent on rent @ Rs. 363/ - per month. Respondent was a continuous defaulter in payment of the rent and was in arrears of rent w.e.f. 1st October, 2005. Despite receiving the legal notice Respondent failed to pay the rent within two months of receiving the demand notice.

(2.) THE Respondent/tenant filed written statement and admitted the relationship of landlord and tenant between the parties. He also admitted the service of notice but stated that no rent was due.

(3.) THE Respondent/tenant preferred the appeal under Section 38 of the DRC Act challenging the order dated 25th January, 2012 and 20th November, 2012. However, the Respondent/tenant restricted his appeal only to the order dated 20th November, 2012 which related to the benefit under Section 14 (2) of the DRC Act before the Rent Control Tribunal being No. 113/2012 titled as 'Vijay Kumar Gupta v. Ashok Sharma'. The learned Rent Control Tribunal vide impugned order dated 21st August, 2013 allowed the appeal and gave the benefit of Section 14 (2) of the DRC Act to the Respondent/tenant.